WSMU_CHAR_WSWP Ordinance_20240418

Article 23. Water Supply Watershed Protection
23.1 PURPOSE
23.2 APPLICABILITY
23.3 AREAS AND SUB-AREAS ESTABLISHED
23.4 USES AND ACTIVITIES
23.5 DEVELOPMENT STANDARDS
23.6 WATER QUALITY BUFFER REQUIREMENTS
23.7 HIGH-DENSITY OPTION
23.8 ADMINISTRATION
23.9 STORMWATER ADMINISTRATOR
23.10 DEFINITIONS
23.1 PURPOSE
A. Mountain Island Lake Watershed
The purpose of the Mountain Island Lake Watershed standards is to provide for the protection of public water supplies
as required by the North Carolina Water Supply Watershed Classification and Protection Act (N.C.G.S. §143-214.5)
and regulations promulgated thereunder.The Mountain Island Lake Watershed standards apply in any zoning district.
The Mountain Island Lake Watershed standards supplement the use permissions and development standards of the
base zoning district within the Mountain Island Lake Watershed Protection Area to ensure protection of public water
supplies. All other uses and regulations for the base zoning district remain in effect for properties within the Mountain
Island Lake Watershed.
B. Lake Wylie Watershed
The purpose of the Lake Wylie Watershed standards is to provide for the protection of public water supplies as required
by the North Carolina Water Supply Watershed Classification and Protection Act(N.C.G.S.§143-214.5)and regulations
promulgated thereunder. The Lake Wylie Watershed standards apply in any base zoning district. The Lake Wylie
Watershed standards supplement the use permissions and development standards of the base zoning district within
the Lake Wylie Watershed Protection Area to ensure protection of public water supplies.All other uses and regulations
for the base zoning district remain in effect for properties within the Lake Wylie Watershed.
C. Lower Lake Wylie Watershed
The purpose of the Lower Lake Wylie Watershed standards is to support the protection of Lake Wylie's water quality
and to provide protection to public water supplies.The Lower Lake Wylie Watershed standards may apply in any base
zoning district. The Lower Lake Wylie Watershed standards supplement the use permissions and development
standards of the base zoning district within the Lower Lake Wylie Watershed Protection Area to ensure protection of
public water supplies. All other uses and regulations for the base zoning district remain in effect for properties within
the Lower Lake Wylie Watershed.
23.2 APPLICABILITY
A. Applicability
The requirements of this article apply to all development and redevelopment within the City of Charlotte and its
extraterritorial jurisdiction (ETJ), unless exempted below.
B. Exemptions
1. Existing Development
Existing development is not subject to the requirements of this article. Redevelopment or expansions to
structures classified as existing development shall meet the requirements of this article. However,the built-upon
area(BUA)of existing development is not required to be included in impervious area density calculations.
Existing development, as defined for the purposes of this article, means projects for which a certificate of
compliance has been issued, projects for which a building permit has been issued, property which has been
subdivided by a recorded instrument, or projects which have obtained vested rights as of the date of adoption of
the applicable watershed regulations listed in item 2.c below.
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Unified Development Ordinance Art.23.Water Supply Watershed Protection

2. Lots Previously Recorded
a. Any lot recorded prior to the dates specified below that has not been developed may be developed as a
single-family dwelling subject only to the applicable water quality buffer requirements of this article, unless it
is part of a larger common plan of development.
b. For the purposes of this section, a lot previously recorded is a lot that:
i. Is part of an approved subdivision;or
ii. Has a plat which has been recorded in the Office of the Register of Deeds; or
iii. Is described by metes and bounds,the description of which has been recorded in the Office of
the Register of Deeds.
c. The effective dates of a lot's applicable watershed regulations are:
i. For Lower Lake Wylie Watershed: July 1, 2001 (approved by the Charlotte City Council).
ii. For Lake Wylie Watershed:June 21, 1993(approved by the Charlotte City Council).
iii. For Mountain Island Watershed: June 21, 1993(approved by the Mecklenburg Board of
County Commissioners).
3. Existing Public Utilities
Existing public utilities may expand without being subject to the standards and regulations of this article provided
that such expansions shall comply with all applicable laws and regulations of the State of North Carolina,
including the minimum statewide water supply watershed management requirements adopted by the North
Carolina Environmental Management Commission (EMC). For Mountain Island Lake and Lake Wylie (not
including Lower Lake Wylie), discharges associated with the existing public utilities may be expanded. However,
the pollutant load shall not be increased beyond presently permitted levels.
C. Definitions
The definitions of Section 23.10 only apply to this article. Unless specifically defined in Section 23.10, other words or
phrases used in this article are as defined in Article 2 for general definitions or Article 15 for use definitions. In the case
of a conflict between a term defined in Article 2 or Article 15 and this article,the definition in Section 23.10 controls.
23.3 AREAS AND SUB-AREAS ESTABLISHED
A. Water Supply Watershed Protection Districts
Standards for development and redevelopment vary depending on the watershed district in which a project is located
as described below:
1. Mountain Island Lake
The Mountain Island Lake Watershed Protection Area is that area within Mecklenburg County that contributes
surface drainage into Mountain Island Lake.
2. Lake Wylie
The Lake Wylie Watershed Protection Area is that area within Mecklenburg County that contributes surface
drainage into that portion of the Catawba River known as Lake Wylie and its tributaries upstream of the Paw
Creek watershed.
3. Lower Lake Wylie
The Lower Lake Wylie Watershed Protection Area is that area within Mecklenburg County that contributes
surface drainage into that portion of the Catawba River known as Lake Wylie and its tributaries, including Paw
Creek.
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Unified Development Ordinance Art.23.Water Supply Watershed Protection

B. Mountain Island Lake Watershed
1. Critical Areas(CA)
a. CA1 Lower Gar Creek
CA1 is the area from the full pond elevation of Mountain Island Lake extending up Gar Creek to Beatties
Ford Road and to approximately the ridgeline along the north side of Gar Creek and to Mt. Holly-Huntersville
Road on the south side of Gar Creek.
b. CA4 Lake Front
CA4 is the area extending landward one-half mile from the full pond elevation along Mountain Island Lake
and the Catawba River between the Cowan's Ford Dam and the Mountain Island Lake Dam.
2. Protected Areas(PA)
a. PA1
PA1 is the area beginning at the outer limits of the critical areas of five hydrologic miles from the full pond
elevation of Mountain Island Lake
C. Lake Wylie Watershed
1. Critical Area
The Critical Area extends one-half mile inland from the full pond elevation of Lake Wylie from Mountain Island
Dam to the upstream side of the Paw Creek Arm ("Paw Creek Cove").
2. Protected Area
The Protected Area extends from the outer boundaries of the Critical Area to approximately five miles from the
Lake upstream in the Long Creek drainage basin.
D. Lower Lake Wylie Watershed
1. Critical Area
The Critical Area extends one-half mile inland from the full pond elevation of 569.4 feet above sea level of Lower
Lake Wylie from the upstream side of the Paw Creek Arm ("Paw Creek Cove")to the South Carolina state line.
2. Protected Area
The Protected Area extends from the outer boundaries of the Critical Area to the extent of the watershed or
approximately five miles from the Lake upstream in the Paw Creek drainage basin,whichever is less.
23.4 USES AND ACTIVITIES
A. Mountain Island Lake Watershed
1. Critical Areas
The intent of the Critical Area is to require higher standards because of the greater risk of water quality
degradation from pollution.All principal and accessory uses and activities permitted in the base zoning district,
are allowed except as specified below. This section applies to the CA1 and CA4 areas.Any allowed uses and
activities in the Mountain Island Lake Watershed Critical Areas shall meet the standards of this article and all
other requirements of this Ordinance.
a. Prohibited Uses and Activities
i. Waste including sewage, industrial and other wastes unless allowed per 15A NCAC 02B .0104
ii. Industrial process discharges, new or expanded, requiring National Pollutant Discharge Elimination
System(NPDES)permits
iii. Land clearing and inert debris landfills(LCID): off-site
iv. Landfills, sanitary
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v. Nonresidential development, new or expanded, unless allowed by item b below
vi. Treatment or disposal of petroleum contaminated soils(land farming)
vii. Sludge application
viii. Stormwater Control Measures(SCMs)
ix. New wastewater treatment facilities; privately owned, requiring NPDES permits
b. Allowed Uses and Activities Under Specific Conditions
i. Farms, subject to the provision of the Food Security Act of 1985 and the Food,Agricultural,
Conservation, and Trade Act of 1990
ii. Places of worship
iii. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality
(15 NCAC IT.6101-.0209)
iv. Marinas, as an accessory use, provided that:
(A) There will be no fuel dispensing facilities.
(B) Pump-out facilities will be provided if it serves more than 50 dwelling units.
v. Land clearing and inert debris landfills(LCID): on site, as an accessory use, not within any
floodplain or water quality buffer area
vi. Petroleum storage, accessory to the principal use, subject to the Fire Prevention Code of the
National Fire Protection Association.
vii. Wastewater treatment facilities, accessory to the principal use, provided that:
(A) No new industrial process discharges into any stream in the Mountain Island Lake Watershed
Area.
(B) No new wastewater treatment systems requiring NPDES permits in the Mountain Island Lake
Watershed that discharge directly into Mountain Island Lake or any of its tributaries.
(C) Expansion of existing privately-owned wastewater treatment systems shall not increase the
pollutant load beyond their presently permitted limits.
2. Protected Areas
The intent of the Protected Areas is to allow development with fewer restrictions than in the Critical Areas
because the risk of water quality degradation from pollution is less than in the Critical Areas.All principal and
accessory uses and activities permitted in the base zoning district, are allowed except as specified below. This
section applies to the PA1 area.Any allowed uses and activities in the Mountain Island Lake Watershed
Protected Areas shall meet the standards of this article and all other requirements of this Ordinance.
a. Prohibited Uses and Activities
i. Industrial process discharges, new, requiring NPDES permits
ii. Land clearing and inert debris landfills(LCID): off-site(only in PA1)
iii. Landfills, sanitary(only in PA1)
iv. Treatment or disposal of petroleum contaminated soils(land farming)
v. Wastewater treatment facilities, new, privately owned, requiring NPDES permits(only in PA1)
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Unified Development Ordinance Art.23.Water Supply Watershed Protection

b. Allowed Uses and Activities Under Specific Conditions
i. Storage of hazardous materials, subject to the filing of a spill/failure containment plan with Fire
Marshal
ii. SCMs,where allowed under the High-Density Option, subject to regulations of this article
B. Lake Wylie Watershed
1. Critical Area
The intent of the Critical Area is to require higher standards because of the greater risk of water quality
degradation from pollution.All principal and accessory uses and activities permitted in the base zoning district,
are allowed except as specified below. This section applies to the Critical Area.Any allowed uses and activities
in the Lake Wylie Watershed Critical Area shall meet the standards of this article and all other requirements of
this Ordinance.
a. Prohibited Uses
i. Landfills, sanitary
ii. Treatment or disposal of petroleum contaminated soils(land farming)
iii. Sludge applications
iv. Wastewater treatment plants, new, privately owned or operated for domestic waste requiring
NPDES permit
b. Allowed Uses and Activities Under Specific Conditions
i. Storage of hazardous materials, subject to the filing of a spill/failure containment plan with the Fire
Marshal
ii. SCMs,where required by any article of this Ordinance. BUA credit will only be allowed for Low-
Density sites.
2. Protected Area
The intent of the Protected Area is to allow development with fewer restrictions than in a Critical Area because
the risk of water quality degradation from pollution is less than in a Critical Area.All principal and accessory uses
and activities permitted in the base zoning district, are allowed except as specified below. This section applies to
the Protected Area.Any allowed uses and activities in the Lake Wylie Watershed Protected Area shall meet the
standards of this article and all other requirements of this Ordinance.
a. Prohibited Uses
i. Wastewater treatment plants, new, privately owned or operated for domestic waste requiring
NPDES permit
b. Allowed Uses and Activities Under Specific Conditions
i. Storage of hazardous materials, subject to the filing of a spill/failure containment plan with the Fire
Marshal
ii. SCMs,where required by any article of this Ordinance. BUA credit will only be allowed for Low-
Density sites.
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Unified Development Ordinance Art.23.Water Supply Watershed Protection

C. Lower Lake Wylie Watershed
1. Critical Area
The intent of the Critical Area is to require higher standards because of the greater risk of water quality
degradation from pollution.All principal and accessory uses and activities permitted in the base zoning district,
are allowed except as specified below. This section applies to the Critical Area.Any allowed uses and activities
in the Lower Lake Wylie Watershed Critical Area shall meet the standards of this article and all other
requirements of this Ordinance.
a. Prohibited Uses and Activities
i. Landfills, sanitary, construction and demolition, land clearing and inert debris
ii. Treatment or disposal of petroleum contaminated soils(land farming)
iii. Sludge applications
iv. Wastewater treatment plants, new, privately owned or operated for domestic or industrial waste
requiring NPDES permit
v. Land application for treatment and disposal of domestic or industrial waste
b. Allowed Uses and Activities Under Specific Conditions
i. Storage of hazardous materials, subject to the filing and approval of a spill/failure containment plan
with the Mecklenburg County Fire Marshal
ii. SCMs,where required by any article of this Ordinance. BUA credit will only be allowed for Low-
Density sites.
iii. Irrigation with tertiary treated domestic wastewater effluent
iv. Publicly controlled wastewater treatment plants requiring an NPDES permit
2. Protected Area
The intent of the Protected Area is to allow development with fewer restrictions because the risk of water quality
degradation from pollution is less than in a Critical Area.All principal and accessory uses and activities permitted
in the base zoning district, are allowed except as specified below. This section applies to the Protected Area.Any
allowed uses and activities in the Lower Lake Wylie Watershed Protected Area shall meet the standards of this
article and all other requirements of this Ordinance.
a. Prohibited Uses and Activities
i. Landfills: sanitary, construction and demolition
ii. Treatment or disposal of petroleum contaminated soils(land farming)
iii. Sludge applications
iv. Wastewater treatment plants and associated discharges, new, privately owned or operated for
domestic or industrial waste requiring NPDES permit
v. Land application for treatment and disposal of domestic or industrial waste
b. Allowed Uses and Activities Under Specific Conditions
i. Storage of hazardous materials, subject to the filing and approval of a spill/failure containment plan
with the Fire Marshal
ii. SCMs,where required by any article of this Ordinance. BUA credit will only be allowed for Low-
Density sites.
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iii. Irrigation with tertiary treated domestic wastewater effluent
iv. Publicly controlled wastewater treatment plants requiring an NPDES permit
v. Land clearing and inert debris landfills requiring a state permit
23.5 DEVELOPMENT STANDARDS
A. Mountain Island Lake Watershed
All uses and activities allowed in the Mountain Island Lake Watershed Subareas shall meet the applicable
development standards established in Table 23-1: Mountain Island Lake Watershed Development Standards. Unless
otherwise provided in Table 23-1,the standards established by the base zoning district apply.
Table 23-1:Mountain Island Lake Watershed Development Standards
P=Prohibited
NR=No Additional Regulations
MAXIMUM%BUILT-UPON AREA-RESIDENTIAL
CA1 CA4 PA1
Low-Densit Option 6% 24%' 24%
Hi.h-Densit Option .er Section 23.7 P P 50%
MAXIMUM%BUILT-UPON AREA-NONRESIDENTIAL
CA1 CA4 PA1
Low-Densit Option P P 24%
Hi.h-Densit Option .er Section 23.7 P P 50%
1 Projects that are subject to Article 25(Post Construction Stormwater Regulations)are limited to a 12%maximum percentage built-upon area.
B. Lake Wylie Watershed
1. All uses permitted in the Lake Wylie Watershed Subareas shall meet the applicable development standards
established in Table 23-2: Lake Wylie Watershed Development Standards. Unless otherwise provided in Table
23-2,the standards established by the base zoning district apply.
2. The maximum percentages for built-upon area apply on an individual lot basis for lots of record established
on or before June 21, 1993. Lots of record established after this date will be subject to these percentages unless
otherwise specified on a recorded plat or on a subdivision plan approved by the Planning Department.
Table 23-2:Lake Wylie Watershed Development Standards
MAXIMUM%ALLOWED TO BE BUILT UPON-RESIDENTIAL
CA PA
Low-Density Option 24% 24%
High-Density Option per Section 23.7 50% 70%
MAXIMUM%BUILT UPON-NONRESIDENTIAL
CA PA
Low-Density Option 24% 24%
High-Density Option per Section 23.7 50% 70%
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Unified Development Ordinance Art.23.Water Supply Watershed Protection

C. Lower Lake Wylie Watershed
1. All uses permitted in the Lower Lake Wylie Watershed Subareas shall meet the applicable development
standards established in Table 23-3: Lower Lake Wylie Watershed Development Standards. Unless otherwise
provided in Table 23-3,the standards established by the base zoning district apply.
2. The maximum percentages for built-upon area apply on an individual lot basis for lots of record established
on or before June 21, 1993. Lots of record established after this date will be subject to these percentages unless
otherwise specified on a recorded plat or on a subdivision plan approved by the Planning Department.
Table 23-3:Lower Lake Wylie Watershed Development Standards
MAXIMUM%ALLOWED TO BE BUILT UPON-RESIDENTIAL
CA PA
Low-Density Option 20% 24%
High-Density Option per Section 23.7 50% 70%
MAXIMUM%BUILT UPON-NONRESIDENTIAL
CA PA
Low-Density Option 20% 24%
High-Density Option per Section 23.7 50% 70%
23.6 WATER QUALITY BUFFER REQUIREMENTS
A. Mountain Island Lake Watershed
Vegetative buffers are required along the shoreline of Mountain Island Lake measured from the full pond elevation
and along all perennial streams measured from the top of bank on each side of the stream. Required minimum buffer
widths are indicated in Table 23-4.
Table 23-4:Mountain Island Lake Minimum Water Quality Buffer Requirements
NR=No Additional Regulations
N/A=Not Applicable
CA1 CA4 PA1
All areas adjacent to the full pond elevation of Mountain 100' N/A
Island Lake
All areas adjacent to 'erennial streams:
Low-Densit Option 100'or FEMA Flood Fringe, 50'
Hi•h-Densi 0.tion •er Section 23.7 whichever is greater 100'
B. Lake Wylie Watershed
Vegetative buffers are required along the shoreline of the Lake Wylie measured from the full pond elevation and
along all perennial streams measured from the top of bank on each side of the stream. Required minimum buffer
widths are indicated in Table 23-5.
Table 23-5:Lake Wylie Watershed Minimum Water Quality Buffer Requirements
CA PA
Low-Density Option 100' 40'
High-Density Option per Section 23.7 100' 100'
C. Lower Lake Wylie Watershed
1. Vegetative buffers are required along the shoreline of the Lower Lake Wylie measured from the full pond
elevation and along all perennial streams measured from the top of bank on each side of the stream. Required
minimum buffer widths are indicated in Table 23-6.
Table 23-6:Lower Lake Wylie Watershed Minimum Water Quality Buffer Requirements
CA PA
Low-Density Option 50' 40'
High-Density Option per Section 23.7 100' 100'
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Unified Development Ordinance Art.23.Water Supply Watershed Protection

2. Required Water Quality Buffer Width Increase
Required minimum buffer width shall be increased by 50%for new developments under the High-Density Option
located along the lakeshore that have average slopes equal to or greater than 50%within the 100 foot buffer.
The average slope is calculated by measuring the slope from the highest and lowest elevations at the 100 foot
buffer to the 569.4 foot full pond elevation of Lake Wylie. The sum of the two measurements is divided by two to
determine the average slope within the 100 foot buffer. The additional buffer area is applied in areas of the tract
where slopes are greatest to obtain the maximum benefit from the increased buffer area.
3. Shoreline Stabilization Required
If a building permit is required for property improvement under the High-Density Option,which will result in an
increase in built-upon area(BUA), shoreline stabilization is required as needed and allowed when unstable
shorelines are present, and as approved on a plan submitted to Charlotte-Mecklenburg Storm Water Services
(CMSWS)and as allowed by Duke Energy Lake Services.
4. Mitigation
Unless exempted below,water quality buffer impacts are allowed only with the approval of a site-specific
mitigation plan by CMSWS and/or approval of a variance per Article 37, if a variance is required.The following
techniques are available for mitigation. Specifications for these pre-approved mitigation techniques are provided
in the Charlotte-Mecklenburg Water Quality Buffer Implementation Guidelines.
a. Installation of Stormwater Control Measures(SCMs)
If not required by another City ordinance or regulation of this Ordinance,the installation of an on-site SCM
designed to achieve specified pollutant removal targets will allow for water quality buffer impacts on the
specific site.The SCM should remain outside the Stream Side Zone if practical.A detailed SCM design plan
shall be submitted to CMSWS for approval based on specifications and pollutant removal targets contained
in the Charlotte-Mecklenburg Stormwater Control Measure Design Manual (SCM Design Manual).This plan
shall also include a long-term maintenance strategy for the SCM complete with the establishment of
adequate financing to support the proposed maintenance practices.
b. Water Quality Buffer Restoration
The owner may restore and preserve the buffer area on any stream of equivalent or greater drainage area,
the condition of which is determined to be qualified for restoration by CMSWS.This restored buffer area
shall be equal or greater in size than the buffer area to be mitigated.
c. Water Quality Buffer Preservation
The owner may purchase,fee simple,other stream segments at equivalent or greater drainage area on a
1:1 linear foot basis and convey fee simple and absolute title to the land to the City of Charlotte,
Mecklenburg County, or approved conservation organization. Staff may consider other means for preserving
these areas on a case-by-case basis.
d. Mitigation Credits
The purchase of mitigation credits on a 1:1 basis utilizing area of water quality buffer impacted and the
prevailing rate of purchase as established by CMSWS shall allow for water quality buffer impacts on the
specific site. Mitigation credits purchased under any other program (i.e., U.S.Army Corp of Engineers)shall
not cover this requirement unless the issuing agency agrees to relinquish the funds to CMSWS.
D. Additional Water Quality Buffer Requirements(All Watersheds)
1. No permanent structures, built upon areas, septic systems, or any other disturbance of existing vegetation is
allowed within the water quality buffer except as follows:
a. No trees larger than a two-inch caliper are to be removed except for dead or diseased trees. Trees less
than a two-inch caliper and undergrowth may be removed to be replaced by an effective stabilization and
filtering groundcover based upon the"Charlotte-Mecklenburg Water Quality Buffer Implementation
Guidelines."
b. Stream bank or shoreline stabilization is allowed as approved on a plan submitted to CMSWS.
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c. Water dependent structures and public projects, such as transportation crossings, public utilities, and
greenway paths, are allowed where no practical alternative exists. These activities should minimize built-
upon area, direct runoff away from surface waters, and maximize the utilization of nonstructural BMPs and
pervious materials.
d. Non-impervious recreational development and non-impervious pedestrian trails may be allowed in the
required water quality buffer if located a minimum of 30 feet from the stream bank. This provision does not
apply to the Mountain Island Lake Watershed Critical Areas.
2. The following may be located within water supply water quality buffers when they meet the minimum
requirements of this article and the articles listed below:
a. Required open space per Article 16.
b. Landscape yard per Article 20.
c. Amenitized tree areas per Article 20.
d. Tree save per Article 20.
e. Internal trees per Article 20.
f. Perimeter trees per Article 20.
e. Water supply water quality buffer per Article 23.
h. Post-construction water quality buffer per Article 25.
g. SWIM water quality buffer per Article 26.
i. Floodplain per Article 27.
j. Areas for greenways or parks per Article 32 offered for dedication and accepted by Mecklenburg County
Park and Recreation.
23.7 HIGH-DENSITY OPTION
The High-Density Option allows for a greater development density, provided SCMs are installed.
A. High-Density Development Permit Application
1. A High-Density Development Permit shall be required for new development exceeding the threshold of the
Low-Density Option.
2. Application for a High-Density Development Permit shall be submitted as follows:
a. For development plans subject to subdivision (Article 30)and soil erosion and sedimentation control
(Article 28)and reviewed by the Planning Department,the High-Density Development Permit shall be
submitted to the Subdivision, Streets, and Infrastructure Administrator(SSI Administrator), as part of the
subdivision review application process.
b. For development plans not subject to the subdivision (Article 30),the High-Density Development Permit
shall be submitted to CMSWS as part of the sediment and erosion control requirements of the building
permit application process.
c. Applications for the High-Density Option shall include the following information:
i. Required number of development plans and specifications of the SCMs.
ii. Submittal of a sediment and erosion control plan to the appropriate agency.
iii. Permit application fees.
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B. Stormwater Control Measures(SCMs)
1. All Stormwater Control Measures(SCMs)shall be designed based on the SCM Design Manual. Stormwater
controls shall only be required on redeveloped BUA as allowed by state law.
2. Surety for Completion of SCMs
a. Subdivisions -Performance Security for Installation
The City may require the submittal of a performance guarantee with surety, cash escrow, letter of credit,or
other acceptable legal arrangement prior to approval and recordation of a plat in accordance with the
provisions contained in the Stormwater Regulations Administrative Manual (Administrative Manual).
b. All Other Projects
Certificate(s)of Occupancy for buildings or other improvements constructed or being constructed on the site
may be withheld until the City of Charlotte has approved the as-built for the SCM
3. Maintenance of SCMs
a. Maintenance of SCMs, other than those maintained by the City, shall be the responsibility of the
property owner.
b. Single-Family Residential SCMs Accepted for Maintenance:The City shall accept maintenance
responsibility(as specified in the Stormwater Regulations Administrative Manual)of SCMs that are installed
pursuant to this article following a warranty period of two years from the date of as-built certification
described in the Stormwater Management Permit, provided the SCM:
i. Only serves a single-family detached residential site or townhouses all of which have public street
frontage.
ii. Is satisfactorily maintained during the two-year warranty period by the owner or designee.
iii. Meets all the requirements of this article and the SCM Design Manual.
iv. Includes adequate and perpetual access and sufficient area, by easement or otherwise,for
inspection, maintenance, repair, or reconstruction.
The Stormwater Administrator shall receive an application for transfer of maintenance responsibilities for the
SCM along with the Stormwater Management Permit application. The Stormwater Administrator will develop
and distribute this application as a component of the Administrative Manual.
23.8 ADMINISTRATION
A. Appeals and variances of this article shall be subject to Article 37, however, administrative adjustments per
Article 37.4 are not permitted for Water Supply Watershed Protection standards.
B. Inspections and enforcement actions of this article shall be subject to Article 39.
23.9 STORMWATER ADMINISTRATOR
A. Designation
The Director of the City of Charlotte department responsible for management of the City's NPDES MS4 Stormwater
permit has been designated as the Stormwater Administrator. The Stormwater Administrator is authorized to
administer and enforce Article 23.
B. Powers and Duties
In addition to the powers and duties that may be conferred by other provisions of this Ordinance and other laws, the
Stormwater Administrator shall have the following powers and duties under this article:
1. To review and approve or disapprove applications submitted pursuant to Article 23.
2. To make determinations and render interpretations of Article 23.
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3. To establish application requirements and schedules for submittal and review of applications and appeals.
4. To enforce Article 23 in accordance with its enforcement provisions in Article 39.
5. To maintain records, maps, and official materials as they relate to the adoption, amendment, enforcement,
or administration of Article 23.
6. To provide expertise and technical assistance upon request to the City Council and the UDO Board of
Adjustment.
7. To designate appropriate other person(s)who shall carry out the powers and duties of the Stormwater
Administrator.
8. To provide information and recommendations relative to variances and information as requested by the
UDO Board of Adjustment in response to appeals.
9. To prepare and make available to the public a Charlotte-Mecklenburg Storm Water Services Design Manual,
an SCM Design Manual, and a Stormwater Regulations Administrative Manual.
10. To take any other action necessary to administer the provisions of Article 23.
23.10 DEFINITIONS
The definitions of this section apply only to this article. Unless specifically defined in this section, other words or
phrases used in this article are as defined in Article 2 for general definitions or Article 15 for use definitions. In the
case of a conflict between a term defined in Article 2 or Article 15 and this article,the definition in this section
controls.
Development. Land-disturbing activity that creates built-upon area or that otherwise decreases the infiltration of
precipitation into the soil.
Industrial Discharge.The discharge of industrial process treated wastewater or wastewater other than sewage
and includes:
1. Wastewater resulting from any process of industry or manufacture, or from the development of any
natural resource.
2. Wastewater resulting from processes of trade or business, including wastewater from laundromats and
car washes, but not wastewater from restaurants/bars.
3. Stormwater will not be considered industrial wastewater unless it is contaminated with industrial
wastewater.
4. Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program.
Perennial Stream.A stream or creek containing a continuous natural flow of water throughout the year except
possibly under exceptionally dry conditions. Such streams are defined by a certified professional using U.S.
Army Corps of Engineers and N.C. Division of Water Quality methodology and shall be confirmed (as needed)by
Charlotte-Mecklenburg Storm Water Services.
Redevelopment.Any land-disturbing activity that does not result in a net increase in built-upon area and that
provides greater or equal stormwater control than the previous development.
City of Charlotte 23-12 Part IX.Stormwater
Unified Development Ordinance Art.23.Water Supply Watershed Protection